Aggravated Criminal Sexual Assault

Definition of Aggravated Criminal Sexual Assault.

(a) In Illinois, a person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exit during the commission of the offense or, for purposes of paragraph (7), occur as part of the same course of conduct as the commission of the offense:

(1) the person displays, threatens to use, or uses a dangerous weapon, other than a firearm, or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;

(2) the person causes bodily harm to the victim, except as provided in paragraph (10);

(3) the person acts in a manner that threatens or endangers the life of the victim or any other person;

(4) the person commits the criminal sexual assault during the course of committing or attempting to commit any other felony;

(5) the victim is 60 years of age or older;

(6) the victim is a physically handicapped person;

(7) the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim’s consent or by threat or deception for other than medical purposes;

(8) the person is armed with a firearm;

(9) the person personally discharges a firearm during the commission of a felony;

(10) the person personally discharges a firearm during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.

(b) A person commits aggravated criminal sexual assault if that person is under 17 years of age: (i) commits an act of sexual penetration with a victim who is under 9 years of age; or (ii) commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age and the person uses force or threat of force to commit the act.

(c) A person commits aggravated criminal sexual assault if the person commits an act of sexual penetration with a victim who is severely or profoundly intellectually disabled person.

(d) Sentence.

(1) Aggravated criminal sexual assault in violation of paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) or in violation of subsection (b) or (c) is a Class X felony. A violation of subsection (a)(1) is a Class X felony for which 10 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a) (8) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(9) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(10) is a Class X felony for which 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court.

(2) A person who is convicted of a second or subsequent offense of aggravated criminal sexual assault, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted of the offense of criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted under the laws of this or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, shall be sentenced to a term of life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply.

JM was facing a potential felony charge of possession of a controlled substance.

NO CHARGES FILED

In June 2017, after hiring The Prior Law Firm, the State declined to file any charges against JM.

State of Illinois v. BO

Aggravated Battery

BO was charged with aggravated battery in March 2017.

DISMISSED

The charge against BO was dismissed in August 2017, right before trial.

State of Illinois v. RP

DUI

RP was charged with driving under the influence of alcohol in March 2017.

NOT GUILTY

In September 2017, RP had a jury trial and was found not guilty.

State of Illinois v. AE

Possession of a Controlled Substance Case

AE was charged with possession of a controlled substance, a Class 4 felony, in May 2017.

DISMISSED

In September 2017, the charge was dismissed.

State of Illinois v. SB

DUI

SB was charged with driving under the influence of drugs.

DISMISSED

In June 2017, the DUI charge was dismissed and a petition to rescind statutory summary suspension was granted, allowing SB to keep his driver's license.

State of Illinois v. AH

Aggravated Battery of a Police Officer

AH was charged with aggravated battery of a police officer and with obstructing justice.

DISMISSED

All charges were dismissed in June 2017.

State of Illinois v. RM

DUI

RM was charged with driving under the influence of drugs.

DISMISSED

In February 2017, the charge against RM was dismissed and a petition to rescind statutory summary suspension was granted, allowing RM to keep his driver's license.

State of Illinois v. AM

Criminal Damage to Property Case

In April 2005, AM was charged with criminal damage to property in McLean County, a Class A misdemeanor. The charge resulted in a jury trial.

NOT GUILTY

The jury returned a verdict of NOT GUILTY.

State of Illinois v. HT

DUI Case

In 2005, HT was charged with driving under the influence in McLean County, a Class A misdemeanor. The charge resulted in a jury trial.

NOT GUILTY

The jury returned a verdict of NOT GUILTY.

State of Illinois v. RR

In August 2006 in McLean County, RR was charged with: aggravated criminal sexual abuse, a Class 2 felony; indecent solicitation of a child, a Class 2 felony; and endangering the life or health of a child, a Class A misdemeanor. A motion to dismiss the case was filed.

Dismissed

The motion was granted and the case was dismissed.

State of Illinois v. MC

Resisting/Obstruction a Peace Officer and Obstruction of Justice Case

In August 2007, MC was charged with resisting/obstructing a peace officer and with obstruction of justice in McLean County, both of which are Class 4 felonies. A motion was filed to vacate both of the convictions and to dismiss the criminal proceedings.

Dismissed

The motion was granted and the judgment of the convictions were vacated. The case was dismissed.

State of Illinois v. AV

DUI Case

In September 2007, AV was charged with driving under the influence in McLean County, a Class A misdemeanor. The charge resulted in a bench trial.

NOT GUILTY

A verdict of NOT GUILTY was returned.

State of Illinois v. TH

Manufacture/Delivery of Narcotic Case

In November 2007, TH was charged with manufacture/delivery of a narcotic in McLean County, a Class 2 felony. A motion was filed to vacate the conviction and to dismiss the criminal proceeding.

Dismissed

The motion was granted and the conviction was vacated. The case was dismissed.

State of Illinois v. SP

DUI Case

In March 2008, SP was charged with driving under the influence in McLean County, a Class A misdemeanor. The charge resulted in a bench trial.

NOT GUILTY

A verdict of NOT GUILTY was returned.

State of Illinois v. JG

Manufacture/Delivery of Cannabis Case

In July 2008, JG was charged with manufacture/delivery of cannabis in McLean County, a Class 3 felony. A motion was filed to vacate the conviction and to dismiss the case.

Dismissed

The motion was granted and the conviction was vacated. The case was dismissed.

Illinois Secretary of State Petition

After receiving a DUI, CL lost his driving privileges. A petition was filed with the Illinois Secretary of State to give CL full reinstatement of his driving privileges.

Granted

CL was granted full reinstatement of his driving privileges in March 2010.

State of Illinois v. CR

Manufacture/Delivery of a Narcotic Case

In October 2008, CR was charged with manufacture/delivery of a narcotic in McLean County, a Class 2 felony. A motion to vacate the conviction and to dismiss the criminal proceeding was filed.

Dismissed

The motion was granted and the judgment of conviction was vacated. The case was dismissed.

State of Illinois v. NR

In November 2008, NR was charged with possession of a controlled substance, a Class 4 felony, and with resisting a peace officer, a Class A misdemeanor, in McLean County. The charges resulted in a bench trial.

Dismissed

The possession of a controlled substance charge was dismissed. A verdict of NOT GUILTY was returned for the charge of resisting a peace officer.

State of Illinois v. AR

DUI Case

In November 2008, AR was charged with driving under the influence in McLean County, a Class A misdemeanor. A motion to rescind the statutory summary suspension of AR's driver's license was filed.

Granted

The motion was granted.

Illinois Secretary of State Petition

CL

After receiving a DUI, CL lost his driving privileges. A petition was filed with the Illinois Secretary of State to issue CL a restricted driving permit in February 2009.

Granted

The petition was granted and CL was able to receive a restricted driving permit.

State of Illinois v. KH

DUI Case

In April 2009, KH was charged with driving under the influence in McLean County, a Class A misdemeanor. A motion to rescind the statutory summary suspension of KH's driver's license was filed.

Granted

The motion was granted.

State of Illinois v. SF

Possession of Cannabis Case

In 2009, SF was charged with possession of cannabis in McLean County, a Class C misdemeanor.

Dismissed

In August 2009 the case was dismissed.

State of Illinois v. SB

Aggravated Criminal Sexual Abuse Case

In January 2010, SB was charged with aggravated criminal sexual abuse in DeWitt County, a Class 2 felony. The prosecution filed a petition to revoke SB's probation.

Dismissed

The petition was dismissed.

State of Illinois v. JL

DUI Case

In June 2010, JL was charged with driving under the influence in McLean County, a Class A misdemeanor. The charge resulted in a bench trial.

NOT GUILTY

A verdict of NOT GUILTY was rendered.

State of Illinois v. DA

In July 2010, DA was charged with possession of a controlled substance in McLean County, a Class 4 felony.

Dismissed

The case was dismissed.

State of Illinois v. RO

Arson and Fraud Case

In July 2010, RO was charged with arson/defrauding an insurance company, a Class 2 felony, and with defrauding a governmental entity, a Class 3 felony, in DeWitt County.

Dismissed

Both charges were dismissed.

State of Illinois v. SD

DUI Case

In September 2010, SD was charged with driving under the influence in McLean County, a Class A misdemeanor. A motion was filed to rescind the statutory summary suspension of SD's driver's license.

Dismissed

The motion was granted and the case was dismissed.

State of Illinois v. NB

DUI Case

In September 2010, NB was charged with driving under the influence in McLean County, a Class A misdemeanor. The charge resulted in a bench trial.

NOT GUILTY

A verdict of NOT GUILTY was rendered.

State of Illinois v. LH

Credit Card Fraud Case

In September 2010, LH was charged with credit card fraud in McLean County, a Class 3 felony. A motion to vacate the conviction was filed.

Dismissed

The motion was granted and the case was dismissed.

State of Illinois v. JG

Possession of a Controlled Substance Case

In November 2010, JG was charged with possession of a controlled substance in McLean County, a Class 4 felony.

Dismissed

The case was dismissed.

State of Illinois v. CB

Unlawful Delivery of a Controlled Substance Case

In January 2011, CB was charged with unlawful delivery of a controlled substance within 1000 feet of a church in DeWitt County, a Class 1 felony. The charge resulted in a bench trial.

In January 2011, MD was charged with an improper left turn in McLean County, a petty offense. The charge resulted in a bench trial.

NOT GUILTY

A verdict of NOT GUILTY was rendered.

State of Illinois v. AG

DUI Case

In March 2011, AG was charged with driving under the influence in McLean County, a Class A misdemeanor. A motion was filed to rescind the statutory summary suspension of AG's driver's license.

Granted

The motion was granted

State of Illinois v. JJ

DUI Case

In June 2011, JJ was charged with driving under the influence in McLean County, a Class A misdemeanor. A Motion to Quash Arrest an Suppress Evidence based on the officer having no reasonable and articulable suspicion to stop JJ was filed.

Dismissed

The motion was granted and the case was dismissed

State of Illinois v. PS

DUI Case

In August 2011, PS was charged with driving under the influence in McLean County, a Class A misdemeanor. The charge resulted in a bench trial.

NOT GUILTY

A verdict of NOT GUILTY was rendered.

State of Illinois v. BB

DUI Case

In August 2011, BB was charged with driving under the influence in McLean County, a Class A misdemeanor. The charge resulted in a bench trial.

NOT GUILTY

A verdict of NOT GUILTY was rendered

State of Illinois v. RF

DUI Case

In December 2011, RF was charged with driving under the influence in McLean County, a Class A misdemeanor. The charge resulted in a bench trial and a motion to rescind the statutory summary suspension of RF's driver's license.

Dismissed

The motion was granted and the case was dismissed.

State of Illinois v. NR

DUI Case

In December 2011, NR was charged with driving under the influence in McLean County, a Class A misdemeanor. A motion was filed to rescind the statutory summary suspension of NR's driver's license.

Granted

The motion was granted.

State of Illinois v. SB

Violation of Sex Offender Registration Act Case

In February 2012, SB was charged with violation of the sex offender registration act in McLean County, a Class 3 felony. The charge resulted in a bench trial.

Dismissed

The case was dismissed.

State of Illinois v. JD

Aggravated Unlawful Use of a Weapon Case

In March 2012, JD was charged with aggravated unlawful use of a weapon in McLean County, a Class 4 felony.

Dismissed

The felony case was dismissed. JD pled guilty to a Class A misdemeanor.

State of Illinois v. MM

DUI Case

In May 2012, MM was charged with driving under the influence in McLean County, a Class A misdemeanor. The charges resulted in a bench trial.

NOT GUILTY

A verdict of NOT GUILTY was rendered.

State of Illinois v. JL

DUI Case

In June 2012, JL was charged with driving under the influence in McLean County, a Class A misdemeanor.

Dismissed

The case was dismissed.

Illinois Secretary of State Petition

BR

After receiving a DUI, BR lost his driving privileges. A petition was filed with the Illinois Secretary of State to reinstate BR's driving privileges in June 2012.

Reinstated

The petition was granted and BR's driving privileges were reinstated.

State of Illinois v. SC

DUI Case

In July 2012, SC was charged with driving under the influence in McLean County, a Class A misdemeanor. The charge resulted in a bench trial.

NOT GUILTY

A verdict of NOT GUILTY was rendered.

State of Illinois v. SC

Aggravated Battery of a Police Officer

In December 2012, SC was charged in McLean County with aggravated battery of a police officer, a Class 2 felony, and was also charged with resisting a peace officer, a Class A misdemeanor. The charges resulted in a bench trial.

NOT GUILTY

A verdict of NOT GUILTY on both counts was rendered.

State of Illinois v. KC

RESISTING A PEACE OFFICER

In December 2012, KC was charged with resisting a peace officer in McLean County, a Class A misdemeanor. The charge resulted in a bench trial.

NOT GUILTY

A motion for directed verdict was granted and a verdict of NOT GUILTY was rendered.

State of Illinois v. JN

Unlawful Possession of Cannabis Sativa Plants Case

In December 2012, JN was charged with unlawful possession of cannabis sativa plants in McLean County, a Class 3 felony. A motion was filed to vacate the judgment of conviction and to dismiss the case.

Dismissed

The motion was granted and the case was dismissed.

State of Illinois v. BS

Driving While Revoked/Suspended Case

In February 2013, BS was charged with driving while driver's license was revoked/suspended in McLean County, a Class 4 felony.

Dismissed

The case was dismissed.

State of Illinois v. CK

In February 2013, CK was charged with domestic battery in McLean County, a Class A misdemeanor. The charge resulted in a bench trial.

NOT GUILTY

A motion for directed verdict was granted and a verdict of NOT GUILTY was rendered.

In February 2013 in McLean County, MM was charged with transporting cigarettes to evade tax, a Class 3 felony. MM was also charged with possession of contraband cigarettes, a Class 3 felony.

Dismissed

Both Class 3 felony charges were dismissed. MM pled guilty to a Class A misdemeanor.

State of Illinois v. SB

Domestic Battery Case

In March 2013, SB was charged with three counts of domestic battery in McLean County, all Class A misdemeanors.

Dismissed

The case and all three charges were dismissed.

State of Illinois v. JH

DUI Case

In March 2013, JH was charged with two counts of driving under the influence in McLean County, a Class A misdemeanor. The charges resulted in a jury trial.

NOT GUILTY

The jury rendered a verdict of NOT GUILTY on both counts.

State of Illinois v. SR

DUI Case

In April 2013, SR was charged with driving under the influence in McLean County, a Class A misdemeanor. The charge resulted in a bench trial.

NOT GUILTY

A verdict of NOT GUILTY was rendered.

State of Illinois v. JW

Unlawful Possession of a Controlled Substance Case

In April 2013, JW was charged with a Class 4 felony for unlawful possession of a controlled substance in McLean County. A Motion to Vacate Judgment of Conviction was filed.

Dismissed

The motion was granted and the case was dismissed.

State of Illinois v. KB

DUI Case

In April 2013, KB was charged with driving under the influence in McLean County, a Class A misdemeanor.

Dismissed

The case was dismissed.

State of Illinois v. VG

Retail Theft Case

In July 2013, VG was charged with retail theft in McLean County, a Class 3 felony.

Dismissed

The retail theft case was dismissed.

State of Illinois v. MW

Aggravated DUI Case

In August 2013, MW was charged with aggravated DUI for not having a valid driver's license in McLean County, a Class 4 felony.

Dismissed

The case was dismissed.

State of Illinois v. MM

RESISTING A PEACE OFFICER

In August 2013, MM was charged with resisting a peace officer in McLean County, a Class A misdemeanor.

Dismissed

The case was dismissed.

State of Illinois v. JF

DUI Case

In September 2013, JF was charged with two counts of driving under the influence in McLean County, a Class A misdemeanor.

Dismissed

The case was dismissed.

State of Illinois v. MR

DUI Case

In September 2013, MR was charged with driving under the influence in McLean County, a Class A misdemeanor. A motion was filed to rescind the statutory summary suspension of MR's driver's license.

Granted

The motion was granted.

State of Illinois v. RB

DUI Case

In October 2013, RB was charged with driving under the influence in McLean County, a Class A misdemeanor. In May 2014, a bench trial was held.

NOT GUILTY

A verdict of NOT GUILTY was rendered.

State of Illinois v. NB

DUI Case

In October 2013, NB was charged with driving under the influence in McLean County, a Class A misdemeanor.

Dismissed

The case was dismissed.

State of Illinois v. AB

Aggravated DUI Case

In November 2013, AB was charged with aggravated DUI in McLean County, a Class 4 felony.

Dismissed

The case was dismissed.

State of Illinois v. JT

DUI Case

In March 2014, JT was charged with driving under the influence in McLean County, a Class A misdemeanor. A motion to dismiss the case and a petition to rescind the statutory summary suspension of JT's driver's license were filed.

Dismissed

The case was dismissed and the petition was granted.

State of Illinois v. HS

DUI Case

In May 2014, HS was charged with driving under the influence in McLean County, a Class A misdemeanor.

Dismissed

The case was dismissed.

State of Illinois v. TM

DUI Case

In May 2014, TM was charged with driving under the influence in McLean County, a Class A misdemeanor.

Dismissed

The case was dismissed.

State of Illinois v. JT

Aggravated DUI Case

In July 2014, JT was charged with aggravated driving under the influence in McLean County, a Class 2 felony.

Dismissed

The case was dismissed.

State of Illinois v. JB

DUI Case

In November 2014, JB was charged with driving under the influence in McLean County, a Class A misdemeanor.

Dismissed

The case was dismissed.

State of Illinois v. DW

DUI Case

In December 2014, DW was charged with driving under the influence in McLean County, a Class A misdemeanor. A motion was filed to rescind the statutory summary suspension of DW's driver's license.

Granted

The motion was granted.

State of Illinois v. TV

DUI Case

In January 2015, TV was charged with driving under the influence in McLean County, a Class A misdemeanor. A motion was filed to rescind the statutory summary suspension of TV's driver's license.

Granted

The motion was granted.

State of Illinois v. CB

Aggravated Criminal Sexual Abuse Case

In February 2015, CB was charged with two counts of aggravated criminal sexual abuse in McLean County, a Class 2 felony. The two charges against CB resulted in a jury trial in October 2015.

NOT GUILTY

The jury returned a verdict of NOT GUILTY on both counts.

State of Illinois v. JG

Criminal Sexual Assault Case

In February 2015, JG was charged with criminal sexual assault in McLean County, a Class 1 felony.

Dismissed

Case was dismissed.

State of Illinois v. TD

DUI Case

In April 2015, TD was charged with driving under the influence in McLean County, a Class A misdemeanor. The charge resulted in a bench trial, which occurred in November 2015.

NOT GUILTY

A verdict of NOT GUILTY was returned.

State of Illinois v. RM

DUI Case

In June 2015, RM was charged with driving under the influence in McLean County, a Class A misdemeanor. A Motion To Quash Arrest and Suppress Evidence based on the inadvertent destruction of an in-car video in the care of the police was filed.

Dismissed

DUI case was dismissed.

Illinois Secretary of State Petition

TJ

After receiving a DUI, TJ lost his driving privileges. A petition was filed with the Illinois Secretary of State to reinstate TJ's driving privileges in July 2015.

Reinstated

The petition was granted and TJ's driving privileges were reinstated.

State of Illinois v. II

Battery Case

In January 2016, II was charged with battery in McLean County, a Class A misdemeanor.

Dismissed

Case was dismissed.

State of Illinois v. JH

Traffic Case

In April 2016, JH was charged with violating the right-way and crosswalk statute.

Dismissed

The charge was dismissed.

Illinois Secretary of State Petition

BQ

After receiving a DUI, BQ lost his driving privileges. A petition was filed with the Illinois Secretary of State to reinstate BQ's driving privileges and a hearing on that petition was held in May 2016.

Reinstated

The petition was granted and BR's driving privileges were reinstated.

State of Illinois v. JR

Possession of a Controlled Substance & Possession of Cannabis

In July 2016, JR was charged with unlawful possession of a controlled substance, a Class 4 felony, and with possession of cannabis, a Class C misdemeanor.

Dismissed

Both charges against JR were dismissed.

State of Illinois v. YS

Unlawful Visitation Interference

In June 2016, YS was charged with unlawful visitation interference.

Dismissed

The charge against YS was dismissed.

State of Illinois v. EG

DUI Case

In September 2016, EG was charged with DUI.

Dismissed

The DUI charge was dismissed.

State of Illinois v. RP

Hit & Run Case

In October of 2016, RP was charged with failing to notify damage to an unattended vehicle, a Class A Misdemeanor, and with failing to give notice of an accident, a petty offense.

Dismissed.

Both charges were dismissed.

State of Illinois vs. D.J.

RESISTING A PEACE OFFICER

In February 2016, DJ was charged with resisting a peace officer. A motion was filed to quash the arrest and suppress the evidence. A hearing on the motion was held in June 2016.

Dismissed

The motion was granted and the charge was dismissed.

State of Illinois vs. J.G.

CRIMINAL SEXUAL ASSAULT

In February 2015, JG was charged with criminal sexual assault in McLean County, a Class 1 felony.

Dismissed

Case was dismissed.

State of Illinois vs. J.H.

POSSESSION OF CANNABIS & DRUG PARAPHERNILIA

In April 2016, JH was charged with unlawful possession of cannabis and unlawful possession of drug paraphernalia. A motion to quash the arrest and suppress the evidence was filed and a hearing on the motion was held.

Dismissed

The motion was granted and both charges were dismissed.

Petition To Seal Felony Convictions

J.A. & L.A.

In 1999, JA and LA were both convicted of forgery, a Class 3 felony. In June 2016, a petition to seal both felony convictions was filed. In August 2016, a hearing was held on both petitions.

Outcome

Both petitions were granted and the felony convictions were sealed.

Illinois Secretary of State Petition

AN

After receiving two DUIs, AN lost his driving privileges. A hearing with the Illinois Secretary of State to reinstate AN’s driving privileges was held in November of 2016.

Outcome

In January 2017, AN was granted a restricted driving permit.

State of Illinois vs. B.S.

UNDERAGE DRINKING

In October of 2016, BS was charged with unlawful consumption of liquor by a minor, a Class A Misdemeanor.

Dismissed

In January 2017, the charge was dismissed.

State of Illinois vs. R.M.

DUI

In January 2017, RM was charged with driving under the influence of a drug, a Class A Misdemeanor.

Dismissed

In February 2017, the charge was dismissed. A petition to rescind RM’s statutory summary suspension was filed and was granted, allowing RM to keep his driver’s license.

John was a wonderful asset when it came to my defense for my DUI. Not only was he very knowledgeable and very responsive, we truly felt he had my best interest at heart. He made a very difficult time for me run very smoothly. He answered all of my questions no matter how trivial. Having him there to guide and walk me through the process made my life less stressful. I highly recommend Mr. Prior!

- Monica F.

John is the best lawyer I have ever talked to. He kept me informed through the entire process in terms the average person could easily understand. I hope I never need an lawyer again, but if I do it will be John Prior!

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